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Our son received a citation in Rancho Cucamonga, California…

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Our son received a citation...

Our son received a citation in Rancho Cucamonga, California in May a few days before his 18th birthday. The citation is for a non-traffic non-correctable marijuana possession, Health and Safety Code 11357(B). This is the 1st time he received such a citation.We were mailed information saying that $485 fine is due by July 15. No court date was set. I called the court to ask if community service hours could be served instead of paying the fine. They said we'd have to ask the judge and set a court date of WednesdayJuly 8 in Fontana which we will attend with him. They also said we should be prepared to make suggestions to the judge as to suitable community service opportunities. After doing some research it seems that the maximum fine for code 11357(B) is only $100.Can you advise how it's possible they are charging $485? Can you advise if it's likely the judge will allow community service hours as an alternative and if we should bring our own suggestions as to community service opportunities? Please advise any and allcommunication we should make with the judge. Lastly, the officer that explained his citation to us said that his driver's license will be suspended for 1 year because he got the citation at an age less than 18 years old - is this true?

Hello,My name is ***** ***** I am an experienced criminal lawyer.The statutory fine does not include court costs and surcharges. You can get an actual accounting of what all the money is for in court, as these fees can vary from county to county.If the amount of marijuana your son was alleged to possess was in an amount of 28.5 grams or less, then as you indicated, this charge would be an infraction with a civil fine only, in the amount of $100.Yes, it's true that a conviction on a marijuana offense will cost him his license for a year. He may be able to negotiate community service in lieu of a fine. But if you can involve a lawyer, he may be able to negotiate something which would keep this criminal conviction off of your son's criminal record, and that, in the case of a 17 year old with his future still before him, would be a far more valuable disposition than saving $100 on the fine as a conviction, even for a low level criminal offense, can have lifetime repercussions.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).